beta
Text
The defendant's appeal is dismissed.
Reasons
The summary of the grounds for appeal (unfair punishment) the sentencing of the lower court (one million won of a fine and 24 hours of completing sexual assault treatment programs) is too unreasonable.
However, there are circumstances favorable to the defendant, such as the fact that the victim expressed his intention that he does not want the punishment of the defendant in the police, the fact that the defendant seems to have committed the crime of this case by contingency while under the influence of alcohol, the first crime, and the fact that the mistake is recognized and reflected.
However, the crime of this case is an indecent act by inserting his hand into the string of the victim E (the 23 years of age, her strings) where the Defendant was seated at a bus stop and string the strings of the bus stop and was committed by the Defendant. In light of the content and method of indecent act, the Defendant’s liability is somewhat weak, but it is not an indecent act.
In addition, considering all other circumstances that serve as the conditions for the sentencing specified in the instant case, the lower court’s sentencing cannot be deemed to be too unreasonable.
Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
[However, the court below's application of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply) is clear that there is a clerical error in writing in the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply). Since it is clear that there is a clerical error in the application of the former Act and there is omission of judgment as to whether to exempt the notification order, the part "personal information disclosure" is used as follows. Thus, it is corrected ex officio pursuant to Articles 25 (1) and 49 (1) of the Regulations on Criminal Procedure.